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AMERICAN EAGLE FIRE INS. CO. v. GAYLE

No. 8033.

108 F.2d 116 (1939)

AMERICAN EAGLE FIRE INS. CO. v. GAYLE et al.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1939.

Attorney(s) appearing for the Case

T. M. Galphin, Jr., and Frank M. Drake, both of Louisville, Ky. (Thomas M. Galphin, Jr., Frank M. Drake, and Gordon, Laurent, Ogden & Galphin, all of Louisville, Ky., on the brief), for appellants.

Sawyer A. Smith, of Covington, Ky. (John T. Murphy and Sawyer A. Smith, both of Covington, Ky., and Frank C. Greene, of Louisville, Ky., on the brief), for appellees.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

A large quantity of tobacco in the possession of Gaines as receiver for the Northern District Warehousing Corporation at Carrollton, Kentucky, was completely destroyed by fire. The tobacco had been insured with companies lodging the appeal, in the aggregate sum of $39,000. Its appraised value was $35,642.12, but the interest of the receiver therein was only $22,458.02, and this amount was paid by the appellants immediately upon its ascertainment...

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